What is the GLA/GLAA
The GLA (Gangmaster Licensing Authority) is a non-departmental public body. The organisation was set up following the 2004 cockle picker tragedy at Morecambe Bay, to prevent worker exploitation in what was considered to be an insufficiently regulated area of employment.
From May 2017, the Gangmasters and Labour Abuse Authority (GLAA) has taken on the role and remit of the Gangmaster Licensing Authority (GLA). It has also been granted police-style powers under the Police and Criminal Evidence Act 1984 (PACE), to investigate labour abuse and exploitation across all aspects of the UK labour market as set out in the Immigration Act 2016.
Who needs a licence?
Section 4 of the Gangmaster (Licensing) Act 2004, defines the term “Gangmaster”. Acting as a Gangmaster includes;
Supplying labour to agriculture, horticulture, shellfish gathering and food processing and packaging,
Using labour to provide a service in the regulated sector or,
Using labour to gather shellfish,
A licence can be granted to any kind of legal entity, including individuals (sole traders), limited companies, unincorporated associations or partnerships.
The GLA/GLAA takes, as noted on their website – a wide interpretation of the term “supply”. Employment Agencies and Employment Businesses that come within the scope of the licensing scheme, whether supplying temporary or permanent labour, will be tested against licensing standards. Failure and non-compliance for any work undertaken in the UK will result in fines and / or criminal proceedings as per Section 12(1) Offence: Acting as a Gangmaster without a licence.
Labour includes all workers, whether temporary or permanent. Someone is considered to be “using” labour if they employ the worker under a contract of employment, or engage them under a contract for services.
How do I know if the Provider I am using, is Licenced?
If you are a worker, and looking to do labour in any of the above sectors – using an unlicensed Gangmaster is also illegal under Section 13(1) Offence: Using an Unlicensed Gangmaster. The maximum penalty for this offence is 6 months in prison and a fine.
To avoid this, there is a Public Register where you can view all that hold a licence, by simply searching their licenced name.
This can be found at; http://laws.gla.gov.uk/Default.aspx?Menu=Menu&Module=PublicRegister
Am I insured correctly?
Jetsoms are up to date with the changes in legislation as well as the amalgamation of the Gangmaster Licensing Authority and the Gangmasters and Labour Abuse Authority, and have dealt with many Gangmaster providers in a Recruitment and Employment Agency capacity over the years.
If you have insurance arranged elsewhere, and are unsure if it has been taken into consideration that you are in fact a licenced Gangmaster, give Jetsoms a call on 01386574988 – typically, the business description would be amended to include these activities.
We hope you have this useful, should you have any further questions please do pop in a call.